A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): I have had a preview of the judgment of the Chief Justice of Nigeria in this appeal. I am in total agreement with the reasoning and conclusions that the appeal be allowed. I wish merely to add my own views in concurrence.
On the 19th May, 1983, Albert Ikem, hereinafter referred to as the appellant was convicted of the offences of conspiracy and Robbery with arms contrary to S.3A(b) of the Robbery and Firearms (Special Provisions) Act No. 47 of 1970 as amended by S. 20 of the Robbery and Firearms (Special Provisions)(Amendment) Act No. 48 of 1971 and S.1(2)(a) of the Robbery and Firearms (Special Provisions) Act No. 47 of 1970 and sentenced to death by the Bendel State High Court sitting at Asaba. His appeal to the Court of Appeal Division, Benin City was dismissed on the 19th day of March, 1984. This is an appeal from that judgment.
Appellant was charged in the first count with the offence of conspiracy to commit robbery wi…